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Finance Minister could go to jail Monday -as Full Court refuses to stay contempt order for his imprisonment
Minister of Finance, Winston Jordan, could be sent to jail on Monday pursuant to a contempt order issued by Justice Priya Sewnarine-Beharry if he fails to honour a court judgment to pay US$2.2M to Dipcon Engineering.
Minister of Finance Winston Jordan
The Full Court comprising Justices Simone Morris-Ramlall and Diane Insanally, refused to grant a stay of Justice Sewnarine-Beharry’s order during a hearing yesterday.
Attorney General Basil Williams who is representing Minister Jordan issued the Full Court with an oral notice of appeal.
Minister Jordan was present at yesterday’s court proceedings.
The matter had stemmed from a multi-million-dollar contract dispute between the Trinidad-based company, Dipcon and the State.
In 2015, Justice Gino Persaud had ruled that Dipcon recover the sum from government as monies due to the engineering company for infrastructural works done under the previous PPP government.
On June 24, Justice Sewnarine-Beharry issued a contempt order to have Minister Jordan imprisoned for 21 days if he fails to pay the monies to Dipcon by Monday, July 8. Following the contempt order, Attorney General Williams appealed to the Full Court to set aside and/or reverse the order of Justice Sewnarine-Beharry. The Full Court ruled that Williams’s application has no merit.
In his filings to the Full Court, Williams had challenged the jurisdiction of the High Court to issue such an order against the Minister. He contended that Justice Sewnarine-Beharry misdirected herself in law when she exercised jurisdiction to hear the application of contempt against the minister in his private and personal capacity as Minister of Finance for alleged monies owe
Attorney General Basil Williams
d by the State and Government to Dipcon.
Further, Williams noted that among other things Justice Sewnarine-Beharry erred and misdirected herself in law when she failed to appreciate that contempt proceedings were coercive in nature and such order could not be made against Jordan in his private capacity, since no act was committed by the Minister in his private capacity.
It was Williams’s argument that Jordan in his capacity as Minister of Finance fell under government.
Dipcon’s lawyer, Timothy Jonas, in addressing the Full Court held that while the court has no jurisdiction to issue a coercive order against the government, the contempt proceedings were filed against Jordan, a mere “individual” and not the government. As it is, Jonas submitted that Jordan was liable for criminal contempt over his failure to comply with the judgment of Justice Persaud.
Moreover, Jonas said that there is no reason why the monies cannot be paid since it has already been approved by Cabinet. In this regard, Jonas contended that the Minister’s failure to pay out the monies defeats the purpose of the administration of justice. Jonas pointed out that the Court of Appeal and Caribbean Court of Justice have upheld Justice Persaud’s ruling.
Jonas stressed that Minister Jordan has even failed to comply with an Order Mandamus that was applied for by Dipcon and granted by the Chief Justice Roxane George on November 12, 2018 ordering that the monies be paid on or before January 15, 2019.
Obviously dissatisfied with the judgment of Justice Persaud, Williams filed an appeal with the Court of Appeal. Based on reports, that appeal was out of time by about six months. The Court of Appeal refused to allow the appeal and dismissed it. Williams subsequently sought redress at the Caribbean Court of Justice (CCJ).
In substantiating his case at the CCJ, Williams contended that there were good reasons for the belated appeal. For one, the Attorney General told the CCJ that the matter was handled by a private attorney and the State was not informed of the judgment until months after it was delivered. Noting the fact that the appeal was not filed within the prescribed time limit, the CCJ dismissed the appeal, among other things, noting that it was unacceptable.
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